The state agreed, new mail ballot restrictions are unconstitutional and will not appeal the decision.
TOPEKA — In a big win for civic engagement, a federal court on Friday struck down parts of a new Kansas law that criminalized the distribution of advanced mail ballot applications.
The state agreed not to object to arguments raised by nonprofit organizations that said the 2021 law violates the First and 14th Amendments to the U.S. Constitution. The state also agreed not to appeal the decision and will pay attorney fees and court costs of the plaintiffs.
Individuals may remember receiving one or more applications to apply for an advance voting ballot in the mail. It was a device used by several pro-voter participation groups to help increase voter participation in the 2020 election.
The Kansas Legislature passed a law banning the distribution of mail ballot applications by out-of-state groups. The law also made it a crime to send mail ballot applications with the voter’s name and address already filled out.
Gov. Laura Kelly vetoed the law when it was passed last year, but the law was upheld by the GOP supermajority in the Legislature. Motivated by claims of widespread voter fraud in other states, lawmakers targeted these out-of-state groups that bombarded voters in 2020 with applications to receive advanced ballots.
VoteAmerica and the Voter Participation Center, which were represented in court by the Campaign Legal Center, filed the lawsuit last year against Secretary of State Scott Schwab, Attorney General Derek Schmidt and Johnson County District Attorney Stephen Howe.
U.S. District Judge Kathryn Vratil issued a temporary order in November blocking enforcement of the law. In her Friday order, Vratil said the contested sections of the law violate the U.S. Constitution.
“This is a big win for civic engagement groups nationwide,” said Danielle Lang, voting rights director at Campaign Legal Center. “Legislators are taking needless aim at folks that are just trying to give voters the materials they need to participate. This decision should serve as a warning to those who target them.”
Tom Lopach, president and CEO of the Voter Participation Center, said the court order will allow civic engagement groups to continue working to make voting access easier.
“We’re proud that we fought back against this effort to limit access to our democracy and won,” Lopach said. “At the Voter Participation Center, we will keep fighting to overturn anti-voter efforts and ensure every American can make their voice heard.”